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Criminal Trial
Bartoš, Marek ; Šámal, Pavel (advisor) ; Vokoun, Rudolf (referee)
1 CRIMINAL TRIAL Abstract The subject of this thesis is the criminal trial as the most important stage of the criminal proceedings. In this stage, the facts are established on the basis of evidence according to the precise provisions of the Czech Criminal Procedure Code and subsequently, the guilt or innocence of the defendant is determined. Aim of this thesis is to describe the criminal trial, from the definition of the basic principles on which it is based, through its preparation, taking of evidence, to the court's decision at the end. The emphasis is on theoretical interpretation of the key institutes and also to the problems encountered in practice. The thesis is supported with relevant case law, proceedings in juvenile and corporate cases, and also with de lege ferenda proposals that are either already part of the draft of the new Criminal Procedure Code or should be part of it. The thesis consists of a total five chapters, an introduction and a conclusion. The first chapter deals in detail with the application of the basic principles of criminal procedure in the criminal trial and also discusses the debated expression and placement of these principles in the new Criminal Procedure Code. One of the subchapters discusses in detail the institution of plea bargaining in terms of the principles. The...
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Abuse of power by a public official
Vydra, Tomáš ; Richter, Martin (advisor) ; Vokoun, Rudolf (referee)
The diploma thesis focuses on a detailed analysis of the criminal offence of abuse of power by a public official. The thesis is divided into two continuous parts. The first part refers to the historical development of the offence of abuse of power by a public official and the process of formation of the concept of a public official on the territory of the Czech state since the second half of the nineteenth century. Within this framework, historical criminal laws are analysed, as well as unsuccessful attempts at codification of substantive criminal law from the period of the First Republic, which included this type of offence. Along with this genesis, the legal-historical context accompanying the formation of the researched offence and the public official is also described. The aim of the first part of the thesis is mainly to identify the specific conceptual features of the analysed institutes, which were gradually transposed into subsequent legal regulations and resulted in the construction of the currently valid and effective form of the offence of abuse of power by a public official. The second part, in direct continuity with the first part, analyses the current concept of the offence of abuse of power by a public official with the related conceptual features. In particular, the current...
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Seizure of property and seizure of part of the property in the current legislation
Blažek, Jiří ; Richter, Martin (advisor) ; Vokoun, Rudolf (referee)
Criminal Code Act No. 40/2009 Coll. distinguishes criminal sanctions into penalties and protective measures. This distinction is called dualism of criminal sanctions. Protective measures are broadly subdivided into protective measures restricting personal liberty and protective measures affecting property. These 'property protection measures' have long been represented by the protective measure of seizure of property under Section 101 of the Criminal Code, which was linked to similar protective measures in previous substantive criminal law. Amendment No. 55/2017 Coll. to the Criminal Procedure Code, in response to the so-called Confiscation Directive 2014/42/EU, introduced a new protective measure of seizure of part of the property pursuant to Section 102a of the Criminal Procedure Code. An alternative solution with significant doctrinal support was considered, including the creation of a special regulation for a more comprehensive solution to the confiscation issue and a more appropriate settlement with the principles contained in general criminal law. The seizure of property serves to seize an item through which there is a threat of committing or supporting criminal activity. The seizure of part of the property, similarly to the provisions of Section 101 of the Criminal Code, aims at the...
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Nemo tenetur se ipsum accusare principle
Machovský, Vojtěch ; Vokoun, Rudolf (advisor) ; Pelc, Vladimír (referee)
Nemo tenetur se ipsum accusare principle Abstract This thesis describes the principle of nemo tenetur se ipsum accusare in criminal law. One of the guiding principles of the criminal process in a modern democratic state, which is closely related to the right to a fair trial and one of the pillars on which the defense in criminal proceedings is built. This thesis focuses on historical development of this principle in our country and abroad, how the contemporary view of this principle in criminal proceedings gradually changed, both within continental law and anglo-american common law. Furthermore, the thesis describes the use of the principle of nemo tenetur in the current criminal process in Czech law and in the world, with a focus on guilty plea and plea deals. The first chapter contains the historical development of the principle in the continental system of law and in anglo-american common law, with the introduction of several important cases from the United States of America and their legal regulation, which in its essence was a prototype of the current concept of this principle. The second chapter contains an overwiev of how the principle is implemented in individual national and international legal systems. When part of this chapter is particularly devoted to the decisions made by the European Court of...
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Legal error
Vodičková, Eliška ; Richter, Martin (advisor) ; Vokoun, Rudolf (referee)
Legal error Abstract The aim of this thesis is to critically analyse the legal regulation of the institute of legal error, which undoubtedly involves a description of legal error and a comparison with the concept of legal error in foreign legal systems. The thesis is divided into an introduction, nine chapters dealing with various aspects of legal error, and a conclusion. The first chapter provides a general definition of error, which the criminal law envisages both on the part of the perpetrator and on the part of the victim. The second chapter deals with the subjective aspect of the offence, focusing on culpability as its obligatory feature, with which legal error is closely related. The third chapter is devoted to the establishment of legal error in our legal system. Sufficient attention is given to the process of adopting the statutory provision as well as to the historical development of the concept of legal error. The fifth chapter deals with the objective and subjective aspects of the possibility of avoiding a legal error. The sixth chapter covers selected issues of legal error that are rather rarely addressed by science. These include, for example, the concurrence between a negative error of fact and a negative legal error, or the question whether an official may commit the offence of abuse of...
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Defence in the criminal trial by the defence counsel Abstract
Hejda, Vít ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Defence in the criminal trial by the defence counsel Abstract The topic of the submitted thesis is the defence by the defence counsel, with a special emphasis on the defence during the trial. The criminal trial, as its title suggests, plays a pivotal role in the criminal proceedings and the defence counsel has a crucial influence on its course. It is at the criminal trial, that the greatest degree of evidence is taken, and where the defence has the widest range of rights and opportunities to influence the course of the criminal trial. In the exercise of these rights of the defence, the defence counsel plays an absolutely indispensable role and consequently has a significant influence on the decision on guilt and punishment. The aim of this thesis is to analyse the legal provisions concerning both the right to defence and the defence in the criminal trial and to provide a comprehensive overview of all the rights the defence possesses and the most appropriate and efficient ways for defence counsel to exercise them during the trial. The present thesis thus aims to evaluate the current legal framework and, on this basis, to make proposals for possible future amendments. This thesis also continuously reflects on the changes that the criminal law has undergone through the amendments, in the context of both case...
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Defence by the defence counsel in the trial
Hornová, Tereza ; Vokoun, Rudolf (advisor) ; Tlapák Navrátilová, Jana (referee)
1 Defence by the defence counsel in the trial Abstract The aim of this thesis is not only to analyse the legal regulation concerning the defence counsel and the defence in the main trial, and to provide the reader with a de lege lata view on this issue, but also to provide de lege ferenda considerations for some legal institutes. The thesis also provides the reader with a comparison of the current legal regulation and the current version of the draft of the new Criminal Procedure Code (as of 14 October 2022) on selected criminal procedure issues. The content of the thesis is divided into an introduction, four parts and a conclusion. The introduction briefly justifies the choice of this topic and sets out the objectives to be achieved in the thesis. The importance of the right to a defence and the importance of the person of the defence counsel is emphasised. The first part of the thesis defines the right of defence, emphasises the fundamental human rights and freedoms in criminal proceedings and the basic principles of criminal procedure, among which the principle of ensuring the right of defence is emphasised. The second part of the thesis is devoted to the person of the defence counsel. First, it defines the institution of the defence counsel in general terms, then it deals with specific forms of...
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Assistance to Victims of Crime
Šedová, Jana ; Pelc, Vladimír (advisor) ; Vokoun, Rudolf (referee)
The thesis deals with the assistance to victims of crime and aims to provide a comprehensive view of the issue. The purpose of this thesis is to assess the level of assistance provided in relation to its legal anchoring and subsequent application practice. The content of the thesis consists of an introduction, six chapters and a conclusion. In the first chapter the thesis is devoted to the interpretation of basic concepts related to the issue of victims of crime. It defines the victim and describes its various categorisations, including the definition of a particularly vulnerable victim. The distinction between victim and an injured party is also clarified for better orientation in the following text. The second chapter then briefly describes the development of the victim's position and role in criminal proceedings from a historical perspective, and briefly describes the basic international regulation of victims' rights with a focus on European legislation in this area. To complete the explanation of the basic concepts and the historical and international context, the third chapter deals with the concept of the victim of crime from the perspective of criminology and victimology respectively. To introduce the reader to this area, a brief explanation of the concept of crime and crime prevention is...
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Criminological aspects of corruption
Röll, Johannes ; Kopečný, Zdeněk (advisor) ; Vokoun, Rudolf (referee)
Criminological aspects of corruption Abstract The purpose of this work is to analyse selected criminological aspects of corruption and, based on the findings, to offer the reader a different, less usual, point of view on these aspects. The purpose of this work is also to evaluate to what extent the means used to fight corruption are able to achieve the goal for which they were or should be adopted. In the first part, I focus on the inconsistent definition of corruption and, after demonstrating several definitions, I extract the characteristics that are, based on the findings, typical for corruption. Subsequently, I subject individual features to analysis and flexibility. Corruption is commonly interchangeable with lobbying, so in the second part I explain its essence and the reasons why this confusion occurs. The media plays a fundamental role in this, but also our political culture, when at the same time we miss the regulation of lobbying. With regard to the capture of corruption in the criminal code, I considered it necessary to analyse the regulation of bribery crimes. In the third part, I therefore focus on the necessary connection between these criminal acts and the procurement of the general interests, and I mention here the jurisprudence of the courts by which this term is interpreted in the absence...
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The Issues of Exceptional Punishment
Frantíková, Daniela ; Tlapák Navrátilová, Jana (advisor) ; Vokoun, Rudolf (referee)
THE ISSUES OF EXCEPTIONAL PUNISHMENT Abstract This diploma thesis deals with comprehensive assessment of the issues of exceptional punishment. The introductory part focuses on the historical development of the form of exceptional punishment in the Czech Republic, from the death penalty, which was for a long time a universal punishment, through its transformation into an exceptional punishment, to its abolition and replacement by life imprisonment. The thesis follows the definition of the concept and purpose of punishment with a detailed description and evaluation of the current legal regulation of exceptional punishment, including the conditions for imposing both forms of this sentence, which are imprisonment for over 20 to 30 years and life imprisonment. The case-law of the Supreme Court, which has explained further the conditions for imposing it, is discussed. Also related criminal law institutions, such as parole or appeals, are explained and how they specifically relate to life sentence. Furthermore, the thesis focuses on the execution of exceptional sentence. Statistics on convicted prisoners, the legal regulation of the execution of exceptional punishment and trestment programmes in prisons are presented. The thesis puts emphasis on the psychological and social effects that imprisonment has on...
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